5 Fair empl.prac.cas. 265, 5 Empl. Prac. Dec. P 8083 Betty Lou Dubois, on Behalf of Herself & All Others Similarly Situated v. Packard Bell Corp., a Corp. Registered to Do Bus. in New Mexico, D/B/A Albuquerque Job Corps Ctr. for Women, 470 F.2d 973 (10th Cir. 1973). · Go Syfert
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5 Fair empl.prac.cas. 265, 5 Empl. Prac. Dec. P 8083 Betty Lou Dubois, on Behalf of Herself & All Others Similarly Situated v. Packard Bell Corp., a Corp. Registered to Do Bus. in New Mexico, D/B/A Albuquerque Job Corps Ctr. for Women, 470 F.2d 973 (10th Cir. 1973). Cases Citing This Book View Copy Cite
71 citation events across 24 distinct courts.
Strongest positive: Cruz v. Board of Education (cod, 1982-04-05)
Treatment trajectory · 1973 → 2026 · click a year to view as-of
1973 1999 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) Cruz v. Board of Education
D. Colo. · 1982 · confidence medium
A. EFFECT OF THE FAILURE TO FILE WITHIN THE STATE FILING PERIOD The defendants cite the Tenth Circuit’s decision in Dubois v. Packard Bell Corp., 470 F.2d 973, 975 (10th Cir. 1973), in support of their position that the failure to file charges with the state agency within the state filing period precludes the use of the extended 300-day federal filing period.
discussed Cited as authority (rule) Cruz v. BD. OF ED. FOR CITY OF TRINIDAD SCH. DIST.
D. Colo. · 1982 · confidence medium
A. EFFECT OF THE FAILURE TO FILE WITHIN THE STATE FILING PERIOD The defendants cite the Tenth Circuit's decision in Dubois v. Packard Bell Corp., 470 F.2d 973, 975 (10th Cir. 1973), in support of their position that the failure to file charges with the state agency within the state filing period precludes the use of the extended 300-day federal filing period.
discussed Cited as authority (rule) 17 Fair empl.prac.cas. 1175, 17 Empl. Prac. Dec. P 8441 James R. Holliday v. Ketchum, MacLeod & Grove, Inc., a Corporation, Edward T. Parrack, William H. Genge, Charles E. McHugh and James E. Fuller
3rd Cir. · 1978 · confidence medium
Dubois v. Packard Bell Corp., 470 F.2d 973, 975 (10th Cir. 1972); Crosslin v. Mountain States Telephone & Telegraph Co., 422 F.2d 1028, 1030-31 (9th Cir. 1970), Vacated and remanded, 400 U.S. 1004 , 91 S.Ct. 562 , 27 L.Ed.2d 618 (1971); EEOC v. Union Bank, 408 F.2d 867, 869-70 (9th Cir. 1968); Stebbins v. Nationwide Mutual Insurance Co., 382 F.2d 267, 268 (4th Cir. 1967), Cert. den., 390 U.S. 910 , 88 S.Ct. 836 , 19 L.Ed.2d 880 (1968); Ethridge v. Rhodes, 268 F.Supp. 83, 89 (S.D.Ohio 1967).
discussed Cited as authority (rule) Holliday v. Ketchum, MacLeod & Grove, Inc.
3rd Cir. · 1978 · confidence medium
Dubois v. Packard Bell Corp., 470 F.2d 973, 975 (10th Cir. 1972); Crosslin v. Mountain States Telephone & Telegraph Co., 422 F.2d 1028, 1030-31 (9th Cir. 1970), vacated and remanded, 400 U.S. 1004 , 91 S.Ct. 562 , 27 L.Ed.2d 618 (1971); EEOC v. Union Bank, 408 F.2d 867, 869-70 (9th Cir. 1968); Stebbins v. Nationwide Mutual Insurance Co., 382 F.2d 267, 268 (4th Cir. 1967), cert. den., 390 U.S. 910 , 88 S.Ct. 836 , 19 L.Ed.2d 880 (1968); Ethridge v. Rhodes, 268 F.Supp. 83, 89 (S.D.Ohio 1967).
discussed Cited as authority (rule) Clement GABRIELE, Plaintiff-Appellant, v. CHRYSLER CORPORATION, Defendant-Appellee (2×)
6th Cir. · 1978 · confidence medium
Dubois v. Packard Bell Corp., 470 F.2d 973, 975 (10th Cir. 1972); Crosslin v. Mountain States Telephone & Telegraph Co., 422 F.2d 1028, 1030-31 (9th Cir. 1970), vacated and remanded, 400 U.S. 1004 , 91 S.Ct. 562 , 27 L.Ed.2d 618 (1971); EEOC v. Union Bank, 408 F.2d 867, 869-70 (9th Cir. 1968); Stebbins v. Nationwide Mutual Insurance Co., 382 F.2d 267, 268 (4th Cir. 1967), cert. den., 390 U.S. 910 , 88 S.Ct. 836 , 19 L.Ed.2d 880 (1968); Ethridge v. Rhodes, 268 F.Supp. 83, 89 (S.D.Ohio 1967).
cited Cited as authority (rule) Wiltshire v. Standard Oil Co. of California
N.D. Cal. · 1978 · confidence medium
See, Moore v. Sunbeam Corp., supra, 459 F.2d at 820-821, 830 ; Dubois v. Packard Bell Corp., 470 F.2d 973, 975 (10th Cir. 1972).
discussed Cited as authority (rule) Roberts v. Western Airlines
N.D. Cal. · 1976 · confidence medium
See Olson v. Rembrandt Printing Co., 511 F.2d 1228, 1233 (8 Cir. 1974) (en banc) (to take advantage of 210-day limit, complainant must file state claim within 90 days); Dubois v. Packard Beil Corporation, 470 F.2d 973, 974 (10 Cir. 1972) (complainant must abide by state statute of limitations to take advantage of longer federal time limit). 14 .
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Delaware Trust Co.
D. Del. · 1976 · confidence medium
See, e. g., Richardson v. Miller, 446 F.2d 1247, 1249 (3d Cir. 1971) (pro se plaintiff failed to file charge with either federal or state agencies); Corne v. Bausch and Lomb, Inc., 390 F.Supp. 161, 164 (D.Ariz.1975) (total failure by EEOC to recognize jurisdiction of state deferral agency); Berger v. General Motors Corp., supra at 7 (plaintiff failed to make known his desire to have Delaware agency pursue matter); Abshire v. Chicago & Eastern R.
cited Cited as authority (rule) McGarvey v. Merck & Co., Inc.
D.N.J. · 1973 · confidence medium
Dubois v. Packard Bell Corporation, 470 F.2d 973, 975 (10th Cir. 1972).
discussed Cited "see" Albano v. GENERAL ADJUSTMENT BUR., INC.(GAB) (2×)
S.D.N.Y. · 1979 · signal: see · confidence high
See Dubois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1972); Lombardi v. Margolis Wines & Spirits, Inc., 465 F.Supp. 99, 101 (E.D.Pa.1979).
cited Cited "see" Mobley v. Acme Markets, Inc.
D. Maryland · 1979 · signal: accord · confidence high
Accord Dubois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1972).
cited Cited "see" Lombardi v. Margolis Wines & Spirits, Inc.
E.D. Pa. · 1979 · signal: see · confidence high
See DuBois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1972).
cited Cited "see" Collier v. Philadelphia Gas Works
E.D. Pa. · 1977 · signal: see · confidence high
See Dubois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1972).
cited Cited "see" Griffin v. First Pennsylvania Bank, N.A.
E.D. Pa. · 1977 · signal: see · confidence high
See Dubois v. Packard Bell *568 Corp., 470 F.2d 973 (10th Cir. 1972).
cited Cited "see" Cowlishaw v. Armstrong Rubber Co.
E.D.N.Y · 1977 · signal: see · confidence high
See Dubois v. Packard Bell Corp., 10th Cir. 1972, 470 F.2d 973 , interpreting 42 U.S.C. 2000e-5(c), (d), (e).
discussed Cited "see" Vazquez v. Eastern Air Lines, Inc.
D.P.R. · 1975 · signal: see · confidence high
See EEOC v. Union Bank, 408 F.2d 867, 869-870 (C.A.9, 1968) and the court’s statement in DuBois v. Packard Bell Corp., 470 F.2d 973, 975 (C.A.10, 1972), that “if the legislative history of Title VII were not so manifestly clear as to remove all doubt, the liberal interpretation accorded remedial legislation of this type might leave some room for argument as to the meaning” of the deferral provision. 5 .
cited Cited "see" Jiron v. Sperry Rand Corp.(Sperry-Univac)
D. Utah · 1975 · signal: see · confidence high
See Dubois v. Packard Bell Corporation, 470 F.2d 973, 975 (10th Cir. 1973).
cited Cited "see" Melba OLSON, Appellant, v. REMBRANDT PRINTING CO., Appellee
8th Cir. · 1975 · signal: see · confidence high
See Dubois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1972).
cited Cited "see" Scott v. University of Delaware
D. Del. · 1974 · signal: see · confidence high
See DuBois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1973).
discussed Cited "see" Virginia L. GOGER, Appellant, v. H. K. PORTER COMPANY, INC., Appellee (2×)
3rd Cir. · 1974 · signal: see · confidence high
See Dubois v. Packard Bell Corp., 470 F.2d 973 (10th Cir. 1972).
discussed Cited "see, e.g." Smith v. Oral Roberts Evangelistic Ass'n
10th Cir. · 1984 · signal: compare · confidence low
Compare Dubois v. Packard Bell, 470 F.2d 973 (10th Cir.1973), and Olson v. Rembrandt Printing Co., 511 F.2d 1228 (8th Cir.1975) (citing Dubois with approval and holding that state charge must be filed within 180 days to qualify for 300-day extended federal period regardless of state limitation) with Moore v. Sunbeam Corporation, 459 F.2d 811 (7th Cir.1972) (when employee submitted charge to EEOC before state filing, charge was deemed filed upon termination of state proceeding or 60 days after initial EEOC filing; charge was timely filed if initial filing occurred in extended federal period min…
discussed Cited "see, e.g." 34 Fair empl.prac.cas. 1640, 34 Empl. Prac. Dec. P 34,330 Heather Smith v. Oral Roberts Evangelistic Association, Inc., an Oklahoma Corporation David Moore, and Matt Connolly
10th Cir. · 1984 · signal: compare · confidence low
Compare Dubois v. Packard Bell, 470 F.2d 973 (10th Cir.1973), and Olson v. Rembrandt Printing Co., 511 F.2d 1228 (8th Cir.1975) (citing Dubois with approval and holding that state charge must be filed within 180 days to qualify for 300-day extended federal period regardless of state limitation) with Moore v. Sunbeam Corporation, 459 F.2d 811 (7th Cir.1972) (when employee submitted charge to EEOC before state filing, charge was deemed filed upon termination of state proceeding or 60 days after initial EEOC filing; charge was timely filed if initial filing occurred in extended federal period min…
discussed Cited "see, e.g." Baruah v. Young
D. Maryland · 1982 · signal: compare · confidence medium
Compare DuBois v. Packard Bell Corp., 470 F.2d 973, 974-75 (10th Cir. 1972) and Mobley v. Acme Markets, Inc., 473 F.Supp. 851, 856-57 (D.Md.1979) with EEOC v. Delaware Trust *362 Co., 416 F.Supp. 1040, 1043-44 (D.Del.1976) and Ortega v. Construction & General Laborers’ Union No. 390, 396 F.Supp. 976, 981-82 (D.Conn.1975).
cited Cited "see, e.g." Bell v. Wyeth Laboratories, Inc.
E.D. Pa. · 1978 · signal: see, e.g. · confidence medium
See, e. g., Dubois v. Packard Bell Corporation, 470 F.2d 973, 975 (10th Cir. 1972); Crosslin v. Mountain States Telephone and Telegraph Co., 422 F.2d 1028, 1030-1031 (9th Cir. 1970).
Retrieving the full opinion text from the archive…
5 Fair empl.prac.cas. 265, 5 Empl. Prac. Dec. P 8083 Betty Lou Dubois, on Behalf of Herself and All Others Similarly Situated
v.
Packard Bell Corporation, a Corporation Registered to Do Business in New Mexico, D/B/A Albuquerque Job Corps Center for Women
72-1333.
Court of Appeals for the Tenth Circuit.
Feb 1, 1973.
470 F.2d 973
Cited by 5 opinions  |  Published

470 F.2d 973

5 Fair Empl.Prac.Cas. 265, 5 Empl. Prac. Dec. P 8083
Betty Lou DUBOIS, on behalf of herself and all others
similarly situated, Plaintiff-Appellant,
v.
PACKARD BELL CORPORATION, a corporation registered to do
business in New Mexico, d/b/a Albuquerque Job
Corps Center For Women, Defendant-Appellee.

No. 72-1333.
United States Court of Appeals,
Tenth Circuit.

Dec. 18, 1972.
Rehearing Denied Feb. 1, 1973.

Gerald R. Lopez, Atty., Equal Employment Opportunity Commission, Washington, D. C. (John de J. Pemberton, Jr., Acting General Counsel, and Julia P. Cooper, Chief, Appellate Section, Washington, D. C., on the brief amicus curiae), for appellant.

Bernard P. Metzgar, Albuquerque, N. M., on the briefs, for appellant.

Robert M. St. John, Albuquerque, N. M. (Rodey, Dickason, Sloan, Akin & Robb, P. A., Albuquerque, N. M., on the brief), for appellee.

Before MURRAH, SETH and DOYLE, Circuit Judges.

MURRAH, Circuit Judge.

[*~973]1

Betty Lou Dubois resigned as an employee of the Albuquerque Job Corps Center for Women, operated and controlled by appellee Packard Bell Corporation. 144 days later she filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), under Title VII of the Civil Rights Act of 1964. She sought both injunctive and compensatory relief as provided under the Act. Inasmuch as subsection 706(b) of Title VII, 42 U.S.C. Sec. 2000e-5(b),[1] requires that no charge may properly be filed with the EEOC until after proceedings have been commenced under applicable state law, the EEOC referred Mrs. Dubois' complaint to the New Mexico Human Rights Commission. The New Mexico Commission rejected the complaint as untimely under the 90-day filing period provided in N. M.Stat.Ann. Sec. 4-33-9, subd. A (1971 Supp.), and returned it to the EEOC. When negotiations with Packard Bell failed, the EEOC notified Mrs. Dubois that she could bring suit pursuant to subsection 706(e).[2]

2

The trial court granted Packard Bell's motion for summary judgment on the ground that failure to file with the state agency within the 90-day period prescribed by the state statute precludes application of the extended federal filing period set forth in subsection 706(d) of Title VII. That subsection provides that where the state filing procedure set forth in subsection (b) has been followed, the 90-day federal filing period may be extended to either 210 days after the alleged unlawful employment practice occurred, or 30 days after receiving notice that the state or local agency has "terminated the proceedings under the State or local law," whichever is earlier.

3

As the case comes to us, Mrs. Dubois contends that once she has filed charges with the appropriate state agency-whether timely or not-she is entitled to the benefit of this extended federal filing period. The narrow question we must decide, then, is whether the New Mexico Commission's rejection of Mrs. Dubois' complaint because it was not timely filed was a termination of proceedings within the meaning of subsection 706(d) so as to qualify for the extended federal filing period. We hold it was not, and affirm the judgment.

4

In Love v. Pullman Co., 404 U.S. 522, 92 S.Ct. 616, 30 L.Ed.2d 679 (1972), and Vigil v. American Tel. & Tel. Co., 455 F.2d 1222 (10th Cir. 1972), recent cases relied upon by the EEOC in its amicus curiae brief, this Court also considered the filing requirements of subsections 706(b) and (d). These cases involved the filing of charges of unfair employment practices with the EEOC during or prior to consideration of the same complaints by the Colorado Civil Rights Commission. While clearly establishing that the filing requirements of subsections 706(b) and (d) may be met by filing a complaint with the EEOC during the period when the state commission has exclusive jurisdiction to act, these decisions are surely distinguishable from the present controversy, inasmuch as timely filings of the Colorado complaints afforded the state commission a bona fide opportunity to act upon the claims-an opportunity denied the New Mexico Commission in our case.

5

This question is one of first impression, and if the legislative history of Title VII were not so manifestly clear as to remove all doubt, the liberal interpretation accorded remedial legislation of this type might leave some room for argument as to the meaning of subsection (d). When, however, Title VII was being debated on the Senate floor there were strong objections to the manner in which its original provisions would have bypassed efforts at the state or local level to correct unfair employment practices. The final bill, accordingly, included the "Dirksen Amendment" as a compromise to expedite its passage. As Senator Humphrey explained, subsections 706(b) and (d) of the amended bill guarantee that the states ". . . will be given every opportunity to employ their expertise and experience . . ." before federal agencies are resorted to. To accept appellant Dubois' contentions would enable a claimant to completely bypass state proceedings in favor of federal proceedings by simply waiting until the state is prevented by statutes or regulations from considering the claim, and then utilizing the extended filing provisions of subsection (d)-a result which flies in the face of the congressional intent. Mrs. Dubois' failure to file within the time set forth in N.M.Stat.Ann. Sec. 4-33-9, subd. A (1971 Supp.), did, indeed, deprive the New Mexico Commission of a bona fide opportunity to consider or act upon her complaint, and she cannot successfully rely on the resultant rejection as a termination of state proceedings within the meaning of subsection 706(d), so as to enable her to invoke the extended federal filing period.

6

Mrs. Dubois claims the requirement of a timely state filing deprives her of her right to federal relief. The simple answer in this case is that if the state agency did not exist her claim would likewise be barred as untimely under the 90-day period which applies to federal filings in the absence of an appropriate state agency.

[*~974]7

The judgment is affirmed.

1

Subsection 706(b) provides that in the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing the effectuation of appropriate relief under the law, no charge may be filed with the EEOC ". . . before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated . . . ."

2

Subsection 706(e), 42 U.S.C. Sec. 2000e-5 (e), provides that a civil action may be brought for the purpose of preventing unfair employment practices and otherwise insuring compliance with the provisions of Title VII, if previous efforts to secure voluntary compliance through appropriate state agencies or the EEOC have been to no avail. Redress in accordance with this section, however, is dependent upon prior compliance with the filing period requirements of subsections (b) and (d)-the issue here. See, e. g., Culpepper v. Reynolds Metals Company, 421 F.2d 888, 891 (5th Cir. 1970)